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reported by: Salil Tiwari
Last updated: July 18, 2023 at 7:43 PM IST
The court overturned the single judge’s order. (file)
CRPF constable name approved for promotion to chief constable, however, a year later, the same thing was reversed because the constable tested positive for HIV
Allahabad High Court recently allowed an appeal by the Central Reserve Police Force (CRPF) against reversal of approval of promotion to chief constable for being HIV positive.
Chief Justices Devendra Kumar Upadhyaya and Justice Om Prakash Shukla noted in a ruling issued earlier this month: “No one can be discriminated against on the basis of their HIV/AIDS status in India… HIV/AIDS patients have the right to shall be treated equally everywhere and shall not be denied employment opportunities or discriminated against in matters of employment on the basis of their HIV/AIDS status.”
The Court referred to Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995 (1995 Act) which stipulates that no promotion shall be refused to a person solely on the basis of his or her disability.
The court noted that the appellant in the present case was found to be HIV positive in 2008 and was promoted in 2013 but this was reversed in 2014, however, he continues to work as a constable with CRPF till date.
The court held that “since the appellant has been shown to be fit for the duties, this court also finds no grounds not to grant him the promotion”.
On the issue at hand, the department board further clarified that as a fit person, he cannot be denied employment solely on the grounds that he is HIV positive, so this principle also extends to the granting of promotion.
“In any case, the status of a person with HIV cannot be a reason for refusing a promotion at work because it would be discriminatory and would violate the principles set out in Articles 14 (the right to equality), 16 (the right to non-discrimination in government employment) and 21 (Right to Life) of the Constitution of India.”
The appeal against the judgment and order of May 25, 2023 was filed by a single judge panel. The appellant was subject to an order dated 17th May 2021, issued by the Inspector General of Police, Central Sector, CRPF, Lucknow, whereby his name was removed for promotion to the post of Chief of Police on 26th February 2013, from the approved list on the grounds that he was HIV positive.
The court overturned the single judge’s order by the court and declared that the appellant was entitled to receive the full benefits of promotions that include those without HIV.
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